No prison time in fatal Concord dog mauling

Steven Hayashi, 52 speaks from the visiting room at the Martinez, Ca., jail on Friday July 23, 2010, where he is being held after his step-grandson Jacob Bisbee, was attacked by three of his pit bulls and mauled to death yesterday at his Concord, Ca. home. less

Steven Hayashi, 52 speaks from the visiting room at the Martinez, Ca., jail on Friday July 23, 2010, where he is being held after his step-grandson Jacob Bisbee, was attacked by three of his pit bulls and ... more

Photo: Michael Macor, The Chronicle

Photo: Michael Macor, The Chronicle

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Steven Hayashi, 52 speaks from the visiting room at the Martinez, Ca., jail on Friday July 23, 2010, where he is being held after his step-grandson Jacob Bisbee, was attacked by three of his pit bulls and mauled to death yesterday at his Concord, Ca. home. less

Steven Hayashi, 52 speaks from the visiting room at the Martinez, Ca., jail on Friday July 23, 2010, where he is being held after his step-grandson Jacob Bisbee, was attacked by three of his pit bulls and ... more

Photo: Michael Macor, The Chronicle

No prison time in fatal Concord dog mauling

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(07-07) 17:47 PDT MARTINEZ -- A Concord man convicted of involuntary manslaughter for not preventing his three pit bulls from fatally mauling his 2-year-old stepgrandson in 2010 was given three years of probation Monday and avoided prison time.

In April, the judge had found Hayashi guilty of manslaughter as well as child endangerment and owning a mischievous animal in connection with the death of Jacob Bisbee at the family's home on Trailcreek Court. The trial was held without a jury.

Outside a Martinez courtroom on Monday, Hayashi said he was "very" relieved to hear the sentence but added, "Jacob is still dead ... It'll never really end for me ... that's something you never get over."

In July 2010, Hayashi had been tasked with taking care of Jacob and his 4-year-old brother while his wife slept following a night shift. Both Hayashi and Jacob lived in the home.

Hayashi went out to play tennis with his son, as he did most days, leaving Jacob and his brother at the house with his wife, according to Contra Costa County prosecutor Mary Knox.

Jacob wandered into the garage, where the dogs were kept, and was mauled. Judge Kennedy, after handing down his verdicts, noted that Hayashi had ignored pleas from other family members to remove his five pit bull mixes from the home.

Knox said Monday that her office had hoped for a much harsher punishment.

"I believe that he should have had to serve the 10 years in state prison," she said. "The fact is that Mr. Hayashi created the circumstances that led to his grandson's death. This was a 100 percent preventable tragedy."

Defense attorney David Cohen said he thought impassioned testimony from the child's mother on behalf of Hayashi before the sentencing played a key role in the judge's decision.

"The family is who bore this loss," Cohen said. "The district attorney should have asked for probation four years ago instead of putting this family through hell. Sending my client to jail at this point only would have compounded this tragedy."